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SUCCESSFUL LAWSUITS
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Anaheim Product Liability Lawyers: Seeking Justice for Defective Products
When you purchase a product, you expect it to work safely and effectively. Unfortunately, not all products meet these expectations. Some are defective and may cause serious injuries or harm that could have been prevented. If you or a loved one has suffered due to a dangerous or faulty product, you may be entitled to legal recourse. Our team of Anaheim product liability lawyers is dedicated to standing up for consumers like you to hold negligent manufacturers and retailers accountable for defective products. We handle every case with care, precision, and a commitment to supporting you throughout the process.
What is Product Liability?
Product liability refers to the legal responsibility manufacturers, distributors, and retailers have to make sure their products are safe for consumers. When a product causes injury or harm, these parties may be held accountable under California law. A product liability lawyer Anaheim can help you navigate this process, advocating for your rights after an injury caused by a defective product.
In product liability cases, the fault often lies with the manufacturer, but other entities in the supply chain can also be at fault. This includes distributors and retailers who sold or delivered the product to you. A well-versed Anaheim products liability lawyer will thoroughly investigate your case to determine who can be held responsible for your injuries.
Product defects can fall into three main categories that can form the basis of a product liability case:
- Manufacturing Defects: These occur during the production process and affect certain units of a product. An Anaheim product liability attorney can help establish when a product deviates from its intended design and whether the defect occurred during manufacturing.
- Design Defects: These involve flaws in the product’s design that make it unsafe. When a product’s design poses an unreasonable risk, a product liability lawyer Anaheim can argue that the design itself was the cause of the injury.
- Failure to Warn: Sometimes, a product is dangerous because the manufacturer did not provide sufficient warnings or instructions.
Our firm handles a wide variety of product liability claims. We have represented clients injured by malfunctioning consumer electronics and other faulty products. Whether you’ve been hurt by a household item or a large-scale industrial product, an Anaheim products liability lawyer from our team can help.
The Legal Process for Product Liability Cases
Filing a product liability claim involves several steps, and an Anaheim products liability lawyer will guide you through each one. We will work with professionals to evaluate the defective product and establish how it caused your injury. These may include engineers, safety specialists, and medical professionals, depending on the nature of the case.
Once we’ve gathered evidence, we will file a claim against the responsible parties, which may include manufacturers, distributors, or retailers. In some cases, multiple parties may share responsibility. Your Anaheim product liability attorney will ensure all liable parties are held accountable.
During the litigation process, we will represent your interests in settlement negotiations or court. Many product liability cases are resolved through settlements, where the defendants agree to compensation without going to trial. If a fair settlement cannot be reached, we will be prepared to take your case to court.
Who Can Be Held Liable in a Product Liability Case?
In California, anyone involved in the production or distribution of a defective product may be liable for the injuries it causes. This includes manufacturers, distributors, and retailers. Your Anaheim products liability lawyer will conduct a thorough investigation to determine who is responsible for your injuries and ensure that they are held accountable.
Manufacturers are typically the first point of liability in a product liability case, as they are responsible for ensuring their products are free from defects. However, liability can extend to distributors and retailers, particularly if they knew or should have known about the product’s defects.
Compensation for Product Liability Victims
If you’ve been injured by a defective product, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. An Anaheim product liability lawyer can help you pursue compensation that reflects the full impact of your injuries. Compensation in product liability cases can vary depending on the nature and severity of the injury. An Anaheim products liability lawyer will carefully evaluate your case to help you pursue both economic and non-economic damages.
Economic damages include medical bills, lost wages, and other financial losses related to your injury. Non-economic damages account for emotional distress, physical pain, and other intangible consequences of the injury.
Schedule Your Free Consultation With Our Anaheim Product Liability Lawyers
When choosing a law firm to represent you in a product liability case, the decision can be overwhelming. At Gosuits, we offer personalized attention and a commitment to our clients. Unlike larger firms that may pass you off to a case manager, our attorneys work with you every step of the way. This means you will receive direct support from an Anaheim products liability lawyer who is focused on your case.
Our firm has earned a strong reputation for our approach to law. We use advanced technologies, including proprietary software and machine learning, to streamline the legal process and improve case outcomes. This ensures clients have real-time access to their case files and can communicate directly with their attorney whenever needed.
Our attorneys are highly regarded in the legal community. We have received multiple awards recognizing our dedication to the field of law. We also have many client testimonials and reviews on our Google Business Page that highlight the positive experiences and results we have delivered for our clients.
We work on a contingency basis, meaning there are no upfront legal fees. You don’t have to worry about paying until we secure compensation for you. This allows you to focus on recovery while we focus on building your case. Schedule your free consultation today so we may discuss your case and explore your legal options.
ANAHEIM PRODUCT LIABILITY LAWSUIT
STEPS AND PROCESS
1
Collect All Available Evidence
Every case rests on the backs of investigators who dig deep. We’ll investigate your accident and find evidence like police reports, hospital records, and witness statements. Our injury attorneys go deep into each potential avenue of inquiry, leaving no stone unturned in their exhaustive search for justice.
2
Write a Letter of Demand
A demand letter will be addressed to the offender and their insurance provider or legal counsel. The full financial burden is considered, including future medical expenditures, wage losses, and other expenses.
3
Negotiation
By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.
4
Begin Filing a Lawsuit for Injury
By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.
5
Discovery
Now that we have filed suit, we have the right to obtain information from the defendants that they were previously unwilling to release. By serving them with Requests for Admissions, Interrogatories, and Document Production, we can investigate the validity of their allegations.
6
Mediation
Once both parties have reviewed the facts of the case, a mediation session may be planned to see whether or not an amicable resolution may be reached. The defense will hear our position from a non-biased individual (Mediator), and we may continue bargaining with the insurance company over a reasonable payment.
7
Civil Trial for Injury
We will go to trial if a reasonable settlement cannot be reached. We’ll argue your case in court, using the information found through discovery and any necessary expert testimony. Many of us would rather have a jury decide our cases than a judge, as juries tend to be more compassionate in times of tragedy.
8
Settlement
A settlement has been reached if an agreement can be made before trial. In return for release of all personal injury claims, you should get a settlement that accounts for all your losses up to and including the date of your injury, fees, taxable cost, medical expenditures, lost wages, pain and suffering, etc.
9
Appeal
Suppose the jury decides against you. We will then file an appeal if we believe the defense or the court made a legal mistake. Additional data and legal arguments on our part will likely be required to convince the court of our position. The court, if we prevail, may decide to overturn its earlier ruling or even retry the case.
RESPONSE TO SOME GENERAL QUESTIONS
Who will pay for my medical bills after an accident?
Who is Responsible for the Cost of Property Damage After a Car Accident?
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
What does “No Recovery, No Fee” mean?
Who will pay for my medical bills after an accident?
Who Will Pay for My Car Accident Medical Bills
Determining who will be responsible for your car accident medical bills depends on several factors: the cause of the accident, your level of fault, and the insurance coverage held by the other driver. In such circumstances, seeking guidance and support from a personal injury lawyer, Dallas can prove invaluable.
Following a car accident and sustaining injuries, it is natural to wonder who will bear the burden of your medical expenses and treatment costs. While a car accident injury settlement or a trial verdict can provide financial relief, they may not offer immediate assistance in covering your medical treatment. The answer, in essence, relies on the accident’s nature, the relevant state laws, and the specific insurance policies involved.
General Rule – Ongoing Payment Responsibility Rests with the Injured Party
It is crucial to understand that, in most cases, if you are involved in an accident, you are responsible for paying your medical bills as they are incurred. The only exception occurs in “no fault” states, which will be discussed below. Even if the at-fault party is clearly responsible for your injuries, the law does not mandate them to cover your bills on an ongoing basis.
The law only requires them to provide damages to resolve your lawsuit, and in many instances, your medical claim is included in those damages. However, the defendant is not obligated to pay your medical invoice as they arise.
Car Accidents – “No Fault” States
In motor vehicle accident cases, the coverage of hospital bills depends on whether the accident occurred in a “no fault” state. In “no fault” insurance states, your automobile insurer will cover some or all of your hospital bills resulting from a car accident, regardless of fault. However, there is typically a limit to what your own automobile insurance company will pay, varying from state to state but generally around $10,000 or less.
Once your medical expenses exceed the state’s “no fault” limit, you become responsible for paying them. If you have health insurance, your provider will cover your bills. In the case of Medicare or a state-run health insurance program through Medicaid, these entities will handle the bills. If you lack health insurance, Medicare, or Medicaid, you will need to arrange payment agreements directly with your healthcare providers.
Motor Vehicle Accidents – Non-“No Fault” States (Dallas, TX)
If you are involved in a serious accident in a state without “no fault” insurance, you will generally be responsible for paying your expenses until you claim compensation from the at-fault party. However, some drivers in these states have medical payment or Personal Injury Protection (PIP) insurance coverage, commonly known as “med pay” and “PIP” coverage.
This coverage will pay for the fair compensation of drivers or passengers involved in a car accident with the insured party, up to the “med pay” policy limits, which are typically less than $10,000. Once your bills exceed these policy limits, you will be responsible for payment.
Medpay and PIP funds can be utilized initially to cover health insurance deductibles, co-pays, and lost wages until you recover from the at-fault party. If you lack such coverage, in most cases, you will need to find healthcare providers willing to treat you upfront and defer their bills until you receive compensation from the insurance company.
Premises Liability: Slip or Trip and Fall Accidents
In premises liability or slip and fall cases, the responsibility for payment of medical bills typically falls on the injured person, unless the premises owner’s property insurance policy includes “med pay” coverage.
Dallas personal injury attorneys with experience in handling personal injury claims related to premises liability understand that “med pay” coverage can be beneficial. If the premises owner has this type of insurance coverage, the injured person’s medical bills will be paid by the insurance carriers, up to the limits specified in the “med pay” policy. However, once the “med pay” limits are exhausted, the injured person becomes responsible for paying the remaining bills.
Boating Accidents
Boating insurance policies seldom include “med pay” coverage. Consequently, personal injury victims involved in boating accidents will likely be responsible for covering their own expenses. It is crucial for individuals who suffer injuries caused by boating accidents to consult the right lawyer in Dallas to understand their legal options and seek rightful compensation for their injuries.
Work-Related Accidents
In the unfortunate event of a work-related accident due to gross negligence, personal injury victims may find relief if their company carries workers’ compensation insurance. In such personal injury cases, the workers’ compensation insurer will cover all the medical bills incurred by the injured party. It is important to note that these victims involved in work-related accidents are not required to contribute any money towards their expenses, including bills or deductibles.
Moreover, our Fort Worth, Dallas personal injury lawyers who handle personal injury cases are well-versed in the laws pertaining to workers’ compensation and can ensure that victims receive proper reimbursement for transportation expenses related to medical appointments. However, if a company does not have workers’ compensation insurance, pursuing damages under Texas non-subscriber laws becomes necessary.
Reimbursement for Medical Bills Paid by Insurers
If health insurers, Medicare, or the state agency administering Medicaid benefits have paid for your medical bills in relation to the accident, they are entitled to reimbursement for the amount they disbursed to your healthcare providers. Skilled Dallas personal injury attorneys can help navigate the complexities of dealing with insurers and ensure fair reimbursement processes.
Worst-Case Scenario
In the worst-case scenario where an accident occurs, insurance coverage is unavailable, and it is determined that there is no personal injury case due to factors such as personal fault or insufficient evidence, the injured party becomes solely responsible for all medical expenses. These victims facing this situation have limited options and should seek legal counsel to explore any possible alternatives.
Who is Responsible for the Cost of Property Damage After a Car Accident?
Who is Responsible for the Cost of Property Damage After a Car Accident in Dallas?
In Dallas, Texas, the responsibility for covering the cost of property damage resulting from a car accident lies within specific legal parameters. As a car owner, you have the right to choose the body shop for repairing your vehicle. However, determining who will foot the bill for your property damage depends on the urgency of your vehicle’s repair and whether the at-fault party has accepted liability.
In Dallas, as in most places, the responsibility for the cost of property damage after a car accident typically falls on the at-fault driver’s insurance company. Texas follows a fault-based system, meaning that the driver who caused the accident is generally responsible for covering the damages.
If you were not at fault in the accident, you can file a claim with the at-fault driver’s insurance company to seek compensation for your property damage. Their insurance should cover the cost of repairing or replacing your damaged property, such as your vehicle or any other damaged property involved in the accident.
It’s important to gather evidence and documentation of the accident, including photographs, police reports, witness statements, and any other relevant information that can support your claim. You should notify your insurance company about the accident as well, even if you are not at fault, to ensure they are aware of the situation.
If the at-fault driver does not have insurance or is underinsured, you may need to rely on your own insurance coverage, such as uninsured/underinsured motorist coverage, to help cover the property damage costs.
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
When you engage the services of our Dallas personal injury law firm, we ensure complete transparency regarding our fee structure. There are no hidden charges or surprise fees that catch you off guard. We take the time to explain the details of our contingency fee agreement, outlining all the fees and expenses involved.
In fact, paragraphs 1 and 2 of our agreement provide a comprehensive breakdown, and we require your initials next to each item to confirm your understanding. Our aim is to establish trust with our clients, providing them with peace of mind and alleviating any concerns. Our goal is not to profit at your expense but rather to obtain the best possible results for your injuries and damages.
Are My Medical Bills And Attorney Fees Combined?
It’s important to note that your medical bills and attorney fees are separate entities. While our law firm fees are based on the “No Fee, No Recovery” concept, your medical bills remain your responsibility. For instance, if you received a bill from the emergency room following your accident, it is your obligation to settle that bill as it does not fall within our purview to waive it.
However, when you enter into a contract with an experienced personal injury lawyer in Dallas, such as ourselves, you grant us permission to reimburse the medical providers from the eventual settlement or judgment you receive. This arrangement ensures that your expenses are appropriately handled while allowing us to pursue the compensation you rightfully deserve for your harm or serious injury.
Who Covers the Expenses of Managing My Case?
The good news is that, as experienced personal injury attorneys in Dallas, TX, we have provisions in our contingency contract that allow us to bear the expenses associated with your case. Our law firm agreement enables us to cover the necessary costs throughout the process, and once we secure a settlement on your behalf, we will deduct those expenses from the settlement amount.
It’s important to understand the typical expenses involved in a personal injury case, as they can be significant. For instance, the police department charges a fee for providing copies of the police report, collision videos, and the police call log. Medical providers charge per page to produce your medical records. Filing a lawsuit incurs fees imposed by the court.
What sets our law firm apart is our commitment to leveraging digital resources to streamline these requests and save you money at every turn. For example, our Dallas personal injury attorney makes digital requests for your medical records and bills, opting for a flat fee instead of a per-page charge.
Our communication is predominantly conducted through email and client portals, providing you with convenient and cost-effective access to our Dallas personal injury lawyers. This approach allows us to operate as a faster and more affordable law firm, dedicated to serving your needs.
What does “No Recovery, No Fee” mean?
What does “No Recovery, No Fee” mean?
“No Recovery, No Fee” or “No Attorney Fee if No Recovery” means that you will not be responsible for your attorney fees if we lose your case, or do not settle your case with the responsible party or their insurance company. We will charge you a percentage of the settlement instead of the typical retainer and hourly fees that attorneys charge.
Therefore, if we lose your case any percentage X $0.00 = $0.00 and you owe us nothing for attorney fees. This agreement allows you as a victim of a car accident to receive the proper medical attention that you need without worrying about the outrageous legal fees piling up. Also, this will give you the opportunity to handle your property damage much faster and get back to your daily lives.
In the other Sections, we explain that although there are no attorney fees if there is no recovery, your medical bills and expenses are still due and the medical providers will want payment irrelevant of the results. In addition, we explain in some rarer circumstances that if we lose you may be responsible for attorney fees and taxable court costs of the defendant if the judge exercises discretion and grants them.
How is product liability different from other personal injury claims?
Product liability is unique because it doesn’t require you to prove that the manufacturer was negligent in the traditional sense. Instead, under California’s strict liability laws, it’s enough to show that the product was defective and that the defect caused your injury. This makes it easier to hold companies accountable, even if they were not directly negligent in their manufacturing process.
What evidence is needed to prove a product liability claim?
To successfully prove a product liability claim, evidence must be gathered to demonstrate the defect and its direct connection to your injury. This could include the defective product itself, medical records documenting your injury, professional testimonies, and even past records of the manufacturer’s safety violations.
Can I still file a claim if I misused the product?
In some cases, you may still be able to file a claim even if you did not use the product exactly as intended. However, this can complicate the case. If you can demonstrate that the misuse was reasonably foreseeable by the manufacturer, or that improper labeling or instructions contributed to your misuse, a product liability lawyer Anaheim can argue that the manufacturer is still responsible for your injuries.
How do recalls affect a product liability case?
A recall does not necessarily prevent you from filing a product liability claim. In fact, a recall can serve as strong evidence that the product was defective. However, manufacturers may argue that a recall negates their liability if the recall was widely publicized and you failed to act on it.
What happens if multiple people are injured by the same defective product?
If a defective product injures many people, it can lead to a class-action lawsuit or a mass tort case. In a class-action lawsuit, a group of plaintiffs bands together to file a single lawsuit against the manufacturer. A mass tort, on the other hand, allows individuals to pursue separate claims while sharing resources and evidence.
GET TO KNOW OUR ANAHEIM PRODUCT LIABILITY LAWYERS
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SEAN CHALAKI
- Texas Super Lawyers: Rising Star 2016 2023 2024
- Law Firm of the Month by Attorney at Law Magazine 2016
- Top 40 under 40 Trial Attorney by The National Trial Lawyers (2015, 2016, 2022)
- Board Member Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Danielle Hall, Individually Anf Amh-s V. Witron Integrated Logistics, Inc. Et
- Best Lawyers Ones to Watch 2022
- Best Lawyers 2024
YASAMIN MOUSSAVI
- Principal / Texas and New York Litigation Attorney
- Licensed Attorney with State Bar of Texas
- Licensed Attorney with State Bar of New York
- Licensed Attorney in Federal and District Court
- South Australian Bar Association
SHAWN HASHEMI
- Principal / Litigation Attorney
- State Bar of Texas
U.S. Federal District Court for Northern District of Texas - U.S. Federal District Court for Eastern District of Texas
- U.S. Federal District Court for Southern District of Texas
- U.S. Federal District Court for Western District of Texas
ABBAS HARATI
- Admitted to the State Bar of California
- Certified Mediator in the State of Texas
- Member of the Orange County Trial Lawyers Association
- Member of the Consumer Attorneys Association of Los Angeles
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